- 26 - Id. at 68. In view of the fact that the committee "was part of the 'package' of the Trust", the Court held that delivery of the pension fund check to the pension committee "constituted delivery to the trust." Id. Thus, the tax matters partner argues in the instant case that delivery of the contribution agreement and ratification to Mr. Stein, the trustee of the trust, had the same effect as delivery of the check in Dick Bros., Inc. v. Commissioner, supra. According to the tax matters partner, the execution and delivery of the contribution agreement and ratification transferred legal title to the underlying stock from petitioners to the partnership and back to Mr. Stein as trustee of the trust. We agree with the premise of the argument made by the tax matters partner that the partnership must have received and must have transferred legal title to the Saztec stock to the trust. Otherwise, if legal title to the underlying stock was not transferred to the trust, it would be difficult to find that the trust had received anything and that there had been "an outlay of cash or other property" as necessary in order to qualify for the section 404(a) deduction. See Don E. Williams Co. v. Commissioner, 429 U.S. at 578-579.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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